The State of Louisiana shelled out almost a half-million dollars over a three-year period to a single law firm to defend two lawsuits against the former director of the Office of Alcohol and Tobacco Control (ATC)—both of which went against the state.

Records obtained from the Division of Administration reveal that both lawsuits, defended by Renee Culotta of the New Orleans law firm of Frilot, LLC, were settled in favor of the plaintiffs. The most recent of the two, filed by one current ATC and two former agents, all African-Americans, was settled for $250,000.

Prior to that, the case of another former agent, Lisa Pike, was also settled but the terms of that settlement were held confidential by the court.

ATC, under the leadership of former director Troy Hebert, was riddled with controversy and in the end, possible criminal wrongdoing, according to no less authority than Hebert himself. Hebert, at one point in the proceedings of yet a third pending CIVIL ACTION against him, filed a MEMORANDUM in Support of his Motion for Protective Order.

In the LAWSUIT filed by Charles Gilmore of Baton Rouge, Daimin McDowell of Bossier Parish, and Larry Hingle of Jefferson Parish, the case that was settled recently for $250,000, Frilot was paid $309,00 in attorney fees–$150,000 more than the final settlement.

Another $186,400 was spent by the State in defense of the Lisa Pike matter.

And while the terms of that settlement are not known, it might seem prudent for the State to consider cutting its losses in all litigation pertaining to Hebert’s stormy tenure as Bobby Jindal’s boy at ATC.

For that matter, how far must a given case proceed for the defendant—in this case, the State—to realize it is defending the indefensible? At what point should the decision to walk away be made before wasting more taxpayer dollars?

Hebert’s deposition, taken in December 2016 in which he refused to answer questions on the grounds that it might leave him exposed to criminal prosecution should have been the signal to the State to throw in the towel and settle. What better justification could there be to settle? Why keep the meter running? That, nonetheless, is precisely what the State elected to do.

Throwing good money after bad has just always seemed like a bad proposition in any endeavor and these cases are no exception.

All those rabid LSU fans who find themselves in the unusual position of backing a team virtually buried in the 19th position among AP’s football elite can take heart; at least the Tigers aren’t 44th.

And those equally insane ‘Bama fans looking to secure another crystal football for their school’s trophy case can be glad the Tide isn’t ranked 46th.

As both teams head into their respective post-season games, 24/7 Wall St., a research firm that publishes some 30 ARTICLES per day on economy, finances, and government, has come out with its rankings of the best- and worst-run states in the country.

And it ain’t pretty.

Alabama is no. 46 out of 50 states but that’s okay. Never mind that it is one of the poorest states in the nation with 18.5 (5th highest) of its citizens living in poverty). The Tide is in the playoffs for the national championship.

Don’t worry about the state’s unemployment rate of 6.1 percent, which is tied for 8th highest in the country. Alabama, which proclaims itself to be the Heart of Dixie, pays the coaches of its two major college football teams, ‘Bama and Auburn, combined SALARIES of $11.67 million—$4.73 for Auburn’s Gus Malzahn and $6.94 million for ol’ Nicky Boy.

(Les Miles, before being unceremoniously cut loose by LSU’s Athletic Director Joe Alleva, himself the possessor of somewhat dubious talent, was pulling down a cool $4.3 million per annum. But all of these salaries pale in comparison to Jim Harbaugh’s $9.004 million salary at Michigan.)

LSU, meanwhile, is headed to this Friday’s Citrus Bowl in Orlando to take on the juggernaut Cardinals of Louisville—without the services of Leonard Fournette who has played his last game for the Tigers. (On that note, now that Fournette has declared himself draft eligible, retained an agent and opted not to participate in Friday’s game, has he, or any other player deciding to go pro, also opted out of attending classes for the remainder of the semester as well? If not, are any of them continuing to reside in free housing, enjoying free meals or using school training equipment for workouts? Just a thought.)

Meanwhile, back home, Louisiana ranks as the 44th best-run (or the seventh worst-run) state, just two notches ahead of Alabama. The two are sandwiched around Kentucky in the rankings while the state geographically wedged between them, Mississippi, is ranked 47th best, or fourth-worst with the fifth-highest unemployment rate at 6.5 percent and the highest poverty rate at 22.0 percent.

Louisiana has some of the highest crude oil and natural gas reserves in the nations;

Louisiana is one of the top crude oil producers in the country;

More crude oil is shipped to the Louisiana Offshore Oil Port (LOOP) than to any other U.S. port;

Louisiana has several of the nation’s largest ports with exports totaling $10,530 per capita in 2015, second highest of all states, behind only Washington;

So with this abundance of natural resources, why is it that Louisiana continues to struggle with high poverty, low educational attainment and high violent crime.

Well, for starters, you can tie the first two of those to the third: high poverty and low education rates equal high crime. Every time.

All that notwithstanding, however, the overriding question is how can a state with such an abundance of the world’s most valuable commodity fail to profit?

Market news has been replete with stories lately about how the poor oil companies are taking hits with some reporting net profits down by as much as 37 percent. Still, even with lower earnings, some, like SHELL, reported net profits of a paltry $2.24 billion for the second quarter of 2016. That’s three months’ profits, folk. Three months.

Yet, Louisiana continues to give away the store to big oil through more than generous tax breaks while allowing them to walk away from the ravages they have inflicted on our coastal marshes.

With so much revenue derived by the oil and chemical industries through these tax breaks, there is no reason why this state’s citizenry continues to wallow in the depths of financial despair and desperation.

With a more reasonable tax structure in which big oil, big chemical plants, and their related industries (ports, trucking, and rail) could be asked to bear more responsibility for wrecking our coastline, polluting our air and water, and tearing up our highways, Louisiana could forge ahead of most of those states ranked ahead of them.

Yet we continue to place the greatest burden on the backs of those who can least afford it: the middle and low income groups through the most inequitable form of taxes. Louisiana has the third-highest average (9.01 percent) in state and local SALES TAXES in the nation.

Ever wonder why that is? For starters, the average taxpayer doesn’t have the time or resources or a PAC to generate organized opposition to this rigged tax structure or to purchase legislators’ votes. Big oil, Big Pharma, and Big Banks do.

Cameron, Vermilion, Plaquemines and Jefferson are attempting to accomplish what Southeast Louisiana Flood Protection Authority-East could not: hold oil and gas companies responsible for the destruction of Louisiana’s coastline.

On July 28, Louisiana Attorney General Jeff Landry expressed his “disappointment” that Vermilion Parish had the audacity to file a lawsuit over damages to the parish coastline Vermilion District Attorney Keith Stutes said was caused by drilling activities of several dozen oil and gas companies.

Calling lawsuits filed by Cameron and Jefferson parishes as well as Vermilion “counter-intuitive,” Landry said, “We cannot allow these differing and competing interests to push claims which collectively impact the public policy for our coast and our entire state.”

Two weeks later, on Aug. 10, Landry was practically effervescent as he all but took full credit when 24th District Judge Stephen Enright dismissed a similar lawsuit by Jefferson Parish. “I intervened in this lawsuit because I was concerned that the interest of the State of Louisiana may not have been fully represented or protected.

“I accept the court’s ruling because addressing the issues associated with permit violations through the administrative process is a cost-effective, efficient way to resolve any violations,” he said. “That was clearly the purpose of the Legislature creating this regulatory scheme.”

Funny how Landry would choose to use the word scheme.

Scheme, after all, would appear to be appropriate, considering how much money the industry has invested in campaign contributions to Louisiana politicians.

And there’s certainly no mystery why Landry is so protective of the industry. In fact, he might be described as Jindal 2.0 because of his determination to protect the industry to the detriment of the citizens od Louisiana.

After all, of the $3.3 million Landry received in campaign CONTRIBUTIONS between July 1, 2014 through Dec. 31, 2015 (during his campaign for attorney general), more than $550,000 came from companies and individuals with strong ties to the oil and gas industry.

Moreover, more than $600,000 in campaign contributions to Landry came from out-of-state donors, with many of those, such as Koch Industries ($10,000), one of America’s biggest polluters, also affiliated with the oil and gas industry.

(Koch Industries, by the way, with ties dating back to the right-wing extremist group, The John Birch Society—Fred Koch, Charles and David Koch’s father, was a charter member—has run afoul of federal law on numerous occasions, including fraud charges in connection with oil purchases from Indian reservations.) http://www.corp-research.org/koch_industries

One $5,000 donor, Cox Oil & Gas, was from St. Thomas, Virgin Islands, according to Landry’s campaign finance records. That contribution date was May 20, 2014 but Cox Oil Offshore, LLC, Cox Oil, LLC, and Cox Operating, LLC, all of Dallas, contributed $5,000 each three weeks earlier, on April 28, 2014, those same records show.

Besides the Cox companies, Landry received more than $300,000 from firms and individuals from Texas, many of those from Houston and the surrounding area.

Landry, like Jindal and the bulk of legislators, has sold his soul to an industry that has ravaged our coastline, polluted our land and waterways, and failed to restore property to its original state when operations have concluded, all while reaping record profits and enriching stockholders.

LouisianaVoice has long adhered to the idea that there is far too much money in politics and that most of it comes from special interests. The reality is that citizens have long been removed from the political process.

If you don’t believe that, drop in on a House or Senate committee hearing on some controversial issue. Invariably, the issue will have already been decided by a quiet influx of special interest money and intense lobbying. As you sit and watch and listen to testimony of citizens, pay close attention because you will be the only one besides those testifying who will be doing so.

Watch the committee members. They will be checking emails or texts on their phones, talking and joking among themselves or just milling around, exiting the rear door of the committee room to get coffee—anything but listening to citizens’ concerns. Only on the rarest of occasions could a committee member give you a summation of the testimony.

The only time many legislators really take their jobs seriously is when they are discussing a bill with a lobbyist and that is unfortunate.

Once you’ve heard committee testimony go upstairs to the House or Senate chamber and take a seat in the front row of the spectator gallery. Observe how few of the senators or representatives is actually paying attention to the proceedings. The scene below you will underscore the adage that there are three things one should never see being made: love, sausage, and laws.

And while you’re at it, watch the lobbyists working the room. As you observe the absence of interaction between legislators and average citizens, do the math and deduce the way lawmakers are influenced. You won’t get far before you encounter the old familiar $.

Like him or not (and in Louisiana, it’s fairly accurate to say most don’t though they can’t give you a really sound reason why), President Obama pretty much nailed it when he was running for re-election in 2012.

Jane Mayer, in her excellent book Dark Money, quoted Obama from his speech in Osawatomie, Kansas (the same town where Theodore Roosevelt demanded in 1910 that the government be “freed from the sinister influence or control of special interests”), about the U.S. Supreme Court’s Citizens United decision of 2010 and the ensuing glut of Super PAC money into the political arena:

“Inequality distorts our democracy. It gives an outsized voice to the few who can afford high-priced lobbyists and unlimited campaign contributions, and it runs the risk of selling out our democracy to the highest bidder.”

Meanwhile, Landry ramps up his war of words and political ideology with Gov. Edwards (perhaps in an effort to deflect attention away from his own flawed agenda). The most recent salvo was fired last week over the administration’s hiring of former Sen. Larry Bankston, a one-time convicted felon as legal counsel for the State Board of Contractors—never mind the fact that Landry also hired an employee formerly convicted of fraud for the attorney general’s fraud section. http://www.theadvocate.com/baton_rouge/news/article_fe56114c-6ad7-11e6-8e7e-6f06140ad60e.html

It would appear that in Louisiana, the state has long since been sold out to the highest bidder as witnessed by the combined efforts of Jindal, Landry, legislators, and the courts to protect big oil at all costs.

As further evidence of this, consider the words of Gifford Briggs, Vice-President of and lobbyist for the Louisiana Oil and Gas Association (LOGA) in the run-up to the 2015 statewide elections immediately after Landry had indicated he might oppose then incumbent Attorney General Buddy Caldwell.

Asked if LOGA would support Landry, Briggs, the son of LOGA President Donald Briggs, said, “We can’t officially endorse any candidate. Our PAC can, but not us. Having said that, Jeff Landry is looking like a very good candidate for Attorney General.”

Regular readers of this site know our disdain for the undue influence of lobbyists and special interests over lawmakers to the exclusion of the very voters who elected those same lawmakers to represent them and their best interests.

Our opposition to political decisions made with priority given to campaign contributions over what is best for the state is well-known—and uncompromising. Money should have no place—repeat, no place—in political decisions.

Unfortunately, we know that is not the case. Politicians for the most part, are basically prostitutes for campaign funds and those who choose to remain chaste usually find themselves at a serious disadvantage come election time.

To that end, you can probably look for State Rep. Jay Morris (R-Monroe) to attract strong opposition when he comes up for re-election in 2019. And that opposition, whoever it might be, is likely to have a campaign well-lubricated by the Louisiana Association of Business and Industry (LABI), the Louisiana Chemical Association, and the oil and gas industry.

At the risk of belaboring the obvious, we have gone on record on numerous occasions as saying the voters are merely pawns to be moved about at will by big business in general and the banks, pharmaceutical companies, Wall Street and oil companies in particular. It is their money that inundates us with mind-numbing political ads that invade our living rooms every election year telling us why Candidate A is superior to Candidate B because B voted this way or that way and besides, good old Candidate A has always had the welfare of voters uppermost in mind.

In the very first paragraph of his story, Bridges wrote that a secret deal between Senate President John Alario (R-Westwego), House Speaker Taylor Barras (R-New Iberia) and lobbyists for LABI and the Louisiana Chemical Association.

We won’t bother to re-hash the details of that meeting and the agreement finally reached just before the closing minutes of the recent special session. You can read the details in the link to the Bridges story that we provided above.

But suffice it to say had it not been for Morris digging his heels in and threatening to kill his own bill when he learned of a manufacturing tax break that had been added to his bill, HB 61 that aimed at eliminating exemptions and exclusions on numerous sales tax breaks. Though a Republican, Morris feels that big business isn’t paying its fair share of taxes.

“I was not aware of the deal,” Bridges quoted Morris as saying. “I was not invited.”

Neither, apparently, were any spokespersons for consumers, organized labor, teachers, or the citizens of Louisiana.

Oh, but you can bet LABI President Steve Waguespack was invited to a meeting in Alario’s office earlier in the day, as was Louisiana Chemical Association chief lobbyist Greg Bowser.

Given that, we would like to ask Sen. Alario and Rep Barras why no one representing the people were invited to that little conclave. And don’t try to tell us that the Senate President and House Speaker were representing the people. You were not. You were representing the vested interests of the chemical industry and big business. Period.

Sen. Alario, Rep. Barras: the people of Louisiana are far more deserving of a place at the table in some furtive backroom meeting than LABI and the chemical association.

Either all factions are invited in or no one is. The playing field should be level.

By not excluding lobbyists or by not inviting those on whose shoulders are placed the greatest burden, the ones who placed you in office, you have not just failed at your job; you have failed miserably.

Our late friend C.B. Forgotston would have said of the meeting which produced that secret deal: “You can’t make this stuff up.”

Interspersed in all the venomous political rhetoric in the gubernatorial campaign that is now moving toward its merciful final week are some real issues that affect our lives and which should warrant closer inspection by the voting public.

Unfortunately, given the public’s taste for voyeurism and salacious gossip, that probably won’t happen. Besides, time is short and the sordid half-truths, distortions and details of political black ops are just heating up. There just isn’t time for the things that matter.

But at least one group is taking U.S. Sen. David Vitter to task for a letter he wrote last April to U.S. Army Corps of Engineers Commander Lt. Gen. Thomas Bostick and Assistant Secretary of the Army for Civil Works Jo-Ellen Darcy.

In that otherwise routine five-page letter, dated April 16, 2015, Vitter addressed a number of issues concerning levees, flood control, storm surge protection, past due payments from the Corps to the State of Louisiana for freshwater diversion projects, a request to complete the Southeast Louisiana Urban Flood Control Project (SELA) in Orleans, Jefferson and St. Tammany parishes, deauthorization of the West Pearl River Navigation Project, a request for increased negotiation efforts to approve the Lower Mississippi River Management proposal, and bank stabilization along the Ouachita River in north Louisiana.

Buried at the bottom of page three of the letter was item number 7: Helis Oil and Gas Permit MVN (Mississippi Valley New Orleans)-2013-02952-ETT.

Issue: “The aforementioned permit application is currently awaiting approval within MVN, but has stalled due to several pending lawsuits,” Vitter’s letter said. “The State of Louisiana, Department of Environmental Quality issued the water quality certification (WQC 140328-02) on March 19, 2015. Issuance of the 404 permit is the last remaining action needed to begin construction of the test well.”

In his April 16 letter, Vitter did what he does best: intimidate with not-so-subtle threats.

“As the U.S. Army Corps of Engineers moves forward with leadership transitions and promotions in the coming months, I’d like to take this opportunity to ensure that you—as the two primary Corps leaders—continue strengthening your commitment to improve communication and issue resolution with non-Federal stakeholders who depend on the Corps to provide necessary flood protection, reliable navigation, and restored ecosystems,” he wrote.

“…However, it’s critical that Corps leadership understand there remain several significant Louisiana issues that need to be addressed and resolved in an expeditious manner. In light of those issues, I can’t support the transition or promotion of new leadership until I know that a constructive approach will be taken to address and resolve these serious problems.”

Vanishing Earth, a new political blog that concentrates on environmental issues, obtained the Vitter letter to the Corps that contained Vitter’s heavy-handed approach to resolving issues, particularly the approval of the Helis permit.

That permit, since approved, will allow Helis to drill an exploratory well for the purpose of oil drilling and controversial hydraulic fracking in St. Tammany Parish. Parish residents have resisted fracking in St. Tammany and have even filed a lawsuit in district court to stop the practice there because of legitimate concerns about air and water pollution, damage to the aquifer that supplies drinking water, and the industrialization of the parish.

The irony is that St. Tammany is considered a strongly Republican parish and represents one of Vitters’ strongest areas of support.

But, as is always the case in politics, money speaks much louder than loyalty to constituents and Helis has seen to it that Vitter’s campaigns, both federal and more recently, state, are remembered fondly.

On May 8, less than a month after Vitter wrote his letter to the Corps, Helis made a $5,000 contribution to Vitter’s gubernatorial campaign. Additionally, on that same date, Helis CEO David Kerstein made an identical maximum allowable contribution of $5,000. Then, on Nov. 6 of this year, less than two weeks after the first primary, Helis chipped in an additional $5,000. The company also contributed $15,000 in three separate contributions to lieutenant governor candidate Billy Nungesser.

Moreover, Kerstein contributed an additional $7,500 to Vitter’s U.S. House and Senate campaigns from 2000 to 2008, according to Federal Election Commission records. Corporations are prohibited from contributing to federal campaign. http://docquery.fec.gov/cgi-bin/qind/

Henderson is encouraging his readers to call on the U.S. Senate Select Committee on Ethics “to immediately investigate Senator David Bruce Vitter.”

Additionally, one source said some residents of St. Tammany were considering filing a complaint with the State Board of Ethics. LouisianaVoice inquired of the state board whether or not such a complaint had been filed. This was the response we received:

In response to your public records request of Nov. 12th, please be advised that all complaints and documents prepared or obtained in connection with an investigation are deemed confidential and privileged pursuant to R.S. 42:1141.4 K&L which also provides that it is a misdemeanor for any person, including the Board’s staff, to make any public statement or give out any information concerning any confidential matter.

LouisianaVoice has begun an investigation into fracking operations in Lincoln Parish as well. Residents there are concerned about the drain on the Sparta Aquifer which supplies drinking water to several north Louisiana parishes. We will bring you more details on those operations as we receive them.

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